Uttarakhand High Court
C482/1494/2022 on 25 August, 2022
Office Notes, reports,
SL. orders or proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and Registrar's
order with Signatures
25.08.2022
C482 No. 1494 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Kurban Ali, Advocate, for the
applicant.
Mr. Atul Kumar Sah, Deputy Advocate
General, along with Mrs. Mamta Joshi, Brief
Holder, for the State.
The challenge by the present applicant
in the present C-482 Application is to the
Charge Sheet No. 116 of 2022, as it has been
issued under Sections 224, 225, 120-B, 216, 34
of the IPC, which has ultimately resulted into a
registration of a Criminal Case No. 1212 of
2022, before the Court of Additional Chief
Judicial Magistrate, Haldwani, district Nainital.
Consequent to the registration of the
aforesaid criminal case, a summoning order
dated 26.03.2022, has been issued against the
applicant, which is under challenge in the
present C-482 Application.
Though, at this stage, this Court is
avoiding to record any observations with
regard to the set of allegation levelled against
the present applicant, for being involved in
commission of the offence under Section 216,
owing to the fact that the nature of offence,
which has been complained of, since it entails a
punishment for a period of lesser than seven
years, the case of the applicant would fall to
be, for consideration under the guidelines laid
down by the Hon'ble Apex Court in the
judgment of Satender Kumar Antil Vs. Central
Bureau of Investigation and Another, as
rendered by the Hon'ble Apex Court in SLP
(Crl.) Case No. 5191 of 2021, as decided on
07.10.2021, wherein the Hon'ble Apex Court
has laid down certain wider parameters that if
the nature of offence complained of falls to be
within 'A' category of offences, which is
punishable of lesser than seven years of
imprisonment, in exception to the other
category of offences, which has been dealt with
by the Hon'ble Apex Court, the protection is
available to the applicant under category 'A' of
the Hon'ble Apex Court judgment and
particularly in the light of the parameters laid
down under clause (e) of the said judgment
dated 07.10.2021.
Hence, while disposing of this present
C-482 Application, because this Court, in the
exercise of its inherent powers under Section
482, cannot venture into merits to appreciate
evidence or substitute its finding about the set
of allegations, it will be apt, that the applicant
surrenders before the Court below and seeks
her remedy under category 'A' offences, the
procedure of which has been laid down by the
Hon'ble Apex Court in its clause (e), and if the
applicant does so within a period of two weeks
from today, the same would be considered by
the learned trial Court in accordance with law
within a period of three weeks thereafter.
Subject to the aforesaid, since the
protection has already been granted by the
Hon'ble Apex Court, in the guidelines laid down
with regard to category 'A' offences in the
judgment dated 07.10.2021, the applicant is
relegated to resort to the aforesaid remedy
under the judgment of Satender Kumar Antil
(Supra), by surrendering before the Court
below.
(Sharad Kumar Sharma, J.)
25.08.2022
Mahinder/
